Insured case in insurance against civil responsibility

The article reviews the insured case in insurance against civil responsibility, its specific and complex contents, for which it is considered to be among the most many-sided issues of theory and practice of insurance. The author describes specific models of the insured case in this type of insurance, and their advantages and disadvantages on the side of insurance company and the insured person. The comparison of different definitions of the insured case in insurance against responsibility from activity, leads to conclusion that the most advantageous for the insured is the definition according to which the event that is cause to damage when the insured is subject to civil law responsibility is the insured case for it provides grounds for all future damages stemming from the cause occurring during the period of insurance. However, for the insurance company is more favorable if the insurance contract provides that the insured case occurs when the damage claim against the insured was raised, for he has no obligation regarding damages manifested after termination of the insurance contract. The substantial attention is paid to the classic definition of insured case as a harmful event, and reasons for which it is no more dominant, especially in countries with a long tradition of insurance against civil responsibility. Under present conditions of insurance, the insurance companies invest more intense efforts in defining the insured case, because imprecise definitions resulted in their unrestricted obligations in insurance of certain causes of danger of civil responsibility, such as defect products or environment pollution. The complexity of risks of civil responsibility implies special attention to be devoted to the scope of insurance coverage, because it mostly depends on which event exactly constitutes the insured case. The preoccupation of the insurance theory and practice with this issue points to its importance and need to clear it up, and thus eliminate reasons for which insurance companies do not engage themselves in insurance against responsibility, while in the same time taking into account interests of the insured who should be given an adequate protection. The author especially dealt with the effects of imprecise definition of the insured case, and pointed to solutions available to insurance companies in order to reduce their obligation to a reasonable measure.